(1) If a creditor has violated the provisions of this chapter
applying to collection of excess charges, security in sales and
leases, disclosure with respect to consumer leases, receipts,
statements of account and evidences of payment, limitations on
default charges, assignment of earnings, authorizations to confess
judgment, illegal, fraudulent or unconscionable conduct, any
prohibited debt collection practice, or restrictions on interest in
land as security, assignment of earnings to regulated consumer
lender, security agreement on household goods for benefit of
regulated consumer lender, and renegotiation by regulated consumer
lender of loan discharged in bankruptcy, the consumer has a cause
of action to recover actual damages and in addition a right in an
action to recover from the person violating this chapter a penalty
in an amount determined by the court not less than one hundred
dollars nor more than one thousand dollars. With respect to
violations arising from consumer credit sales or consumer loans
made pursuant to revolving charge accounts or revolving loan
accounts, or from sales as defined in article six of this chapter,
no action pursuant to this subsection may be brought more than four
years after the violations occurred. With respect to violations
arising from other consumer credit sales or consumer loans, noaction pursuant to this subsection may be brought more than one
year after the due date of the last scheduled payment of the
agreement.

(2) If a creditor has violated the provisions of this chapter
respecting authority to make regulated consumer loans, the loan is
void and the consumer is not obligated to pay either the principal
or the loan finance charge. If he has paid any part of the
principal or of the finance charge, he has a right to recover in an
action the payment from the person violating this chapter or from
an assignee of that person's rights who undertakes direct
collection of payments or enforcement of rights arising from the
debt. With respect to violations arising from regulated consumer
loans made pursuant to revolving loan accounts, no action pursuant
to this subsection may be brought more than four years after the
violation occurred. With respect to violations arising from other
regulated consumer loans, no action pursuant to this subsection may
be brought more than one year after the due date of the last
scheduled payment of the agreement pursuant to which the charge was
paid.

(3) A consumer is not obligated to pay a charge in excess of
that allowed by this chapter, and if he has paid an excess charge
he has a right to a refund. A refund may be made by reducing the
consumer's obligation by the amount of the excess charge. If theconsumer has paid an amount in excess of the lawful obligation
under the agreement, the consumer may recover in an action the
excess amount from the person who made the excess charge or from an
assignee of that person's rights who undertakes direct collection
of payments from or enforcement of rights against the consumer
arising from the debt.

(4) If a creditor has contracted for or received a charge in
excess of that allowed by this chapter, the consumer may, in
addition to recovering such excess charge, also recover from the
creditor or the person liable in an action a penalty in an amount
determined by the court not less than one hundred dollars nor more
than one thousand dollars. With respect to excess charges arising
from consumer credit sales or consumer loans made pursuant to
revolving charge accounts or revolving loan accounts, no action
pursuant to this subsection may be brought more than four years
after the time the excess charge was made. With respect to excess
charges arising from other consumer credit sales or consumer loans
no action pursuant to this subsection may be brought more than one
year after the due date of the last scheduled payment of the
agreement pursuant to which the charge was made.

(5) Except as otherwise provided, a violation of this chapter
does not impair rights on a debt.

(6) If an employer discharges an employee in violation of theprovisions prohibiting discharge, the employee may within ninety
days bring a civil action for recovery of wages lost as a result of
the violation and for an order requiring the reinstatement of the
employee. Damages recoverable shall not exceed lost wages for six
weeks.

(7) A creditor has no liability for a penalty under subsection
(1) or subsection (4) of this section if within fifteen days after
discovering an error, and prior to the institution of an action
under this section or the receipt of written notice of the error,
the creditor notifies the person concerned of the error and
corrects the error. If the violation consists of a prohibited
agreement, giving the consumer a corrected copy of the writing
containing the error is sufficient notification and correction. If
the violation consists of an excess charge, correction shall be
made by an adjustment or refund.

(8) If the creditor establishes by a preponderance of evidence
that a violation is unintentional or the result of a bona fide
error of fact notwithstanding the maintenance of procedures
reasonably adapted to avoid any such violation or error, no
liability is imposed under subsections (1), (2) and (4) of this
section, and the validity of the transaction is not affected.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.